Hollings v Owners Corporation Strata Plan 73586 [2023] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Hollings v Owners Corporation Strata Plan 73586 [2023] NSWLEC 1232 Hearing dates: 17 April 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Pt 2 application is refused. (2) The Pt 2A application is granted to the extent of the following orders. (3) Within 30 days of the date of these orders, the respondent is to engage a suitably experienced and insured contractor to reduce all trees in the hedge along their eastern boundary to a height no greater than 2.0 m The works are to be done in accordance with Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (4) The respondent is then to repeat the pruning in order (3) at quarterly intervals, that is during each August, November, February, and May. (5) The applicant is to allow any access necessary for the works to be completed, including clean-up of fallen branches. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring trees – damage to retaining wall and boundary fence – whether orders can be made regarding the respondent's property – Pt 2 application no longer pressed – Pt 2A application – obstruction of sunlight – whether the obstruction is severe – whether all trees in the hedge should be pruned Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, Pt 2A ss 14B, 14E, 14F Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215 Texts Cited: Safe Work Australia, Guide to managing risks of tree trimming and removal work, July 2016 Category: Principal judgment Parties: Carol Hollings (Applicant) Owners Corporation Strata Plan 73586 (Respondent) Representation: R Forster (Solicitor) (Applicant) M Rolon and L Gamwell (Agents) (Respondent)